remarkable because he has autism. his doctor recommended he play rubik's cube as part of the therapy and now he's won division titles placing him among the best 100 players in the world. >> good for him. >> awesome, that is so cool. thanks for joining us, everybody. >> "america live" starts right now. now. >> . >> fox news alert on some new push back from second amendment supporters as the white house launches a series of events that could reshape gun rights in this country. welcome to "america live," everyone, i'm megyn kelly. a look now at the white house grounds where today vice-president joe biden's gun task force is meeting with gun safety advocates and shooting victims. they're looking at ways to curb gun violence in the wake of the connecticut elementary school shooting in december. tomorrow, the task force will then meet with groups, including the n.r.a., and just moments from new york-- from now, new york's governor may announce a tough new crackdown in this state. all this has second amendment

supporters increasingly worried about losing their constitutional rights. so they have proposed a gun appreciation day to take place on january 19th. hoping to send a message to washington about where millions in this country really stand when it comes to gun rights. chris stirewalt is our digital editor and post power play on fox news live. this is unfolding as the first big debate in the second term of barack obama. we've got budget issues and outside of those this is the biggie. some are pushing back on this gun appreciation day particularly online. some on the left suggesting, and i'll just read you one of the, you know, more out there tweets, suggesting that this is a veiled threat to the president of the united states of assassination by choosing mlk day as gun appreciation day. and so it's come to that. your thoughts?

>> well, so much for an adult national discussion. all of the things that -- and there is some hope out there that it might be revived, but what we've seen in pretty short order, in less than a month, we've seen the national discussion that was spurred by that tragedy in sandy hook elementary turn back to sort of the tribalized version of the debate over guns. we've seen that liberals, and you mentioned governor cuomo, you mentioned vice-president biden, attorney general eric holder in the mix, too, making it very plain, making it very clear that they see this as gun control, which haven't had a serious discussion about that in the country, really, in more than a decade, and going back to that issue. then you see the anxiety growing among people who are ardent supporters of the second amendment, that they say, we know what this is, and we're going to stand our ground. so that means that the outlook for what we thought we might have once had, which was a chance to do something quickly

and do something with broad national support, is fading. >> megyn: how could they get broad national support on any legislation that cracks down on gun rights? i mean, the majority of this country wants a robust interpretation of the second amendment and you know, those polls moved around a little bit in the wake of the newtown, connecticut school shooting, but this is a gun-loving country and there's no question whether in today's day and age they could push through any significant gun you know, curtailment of gun rights. >> well, look, if the president wanted to get any, any modification to the nation's weapons laws, he had a moment. joe manchin, the senator from west virginia and bob casey, senator from pennsylvania, pro-gun democrats said let's talk about this, let's have a discussion. if barack obama wanted to have a change, it wouldn't have been probably a sweeping large change, but could have had

something, that might have dealt with mental health issues, might have been gun show loophole. it might have had something to do with the size of magazines available for weapons, but he had a moment he could have turned to those guys and said work up legislation, i'll get behind it and help you sell. instead what the president said was, we're going to go big, go for a big comprehensive solution and what that did was send the message to pro-gun democrats and to all of the republican party, the president means to crack down on guns and he's going to use this as an opportunity to do it and it basically froze the conversation. >> megyn: and it also led to a huge spike in gun sales at various places, you know, across the united states. that's what happened last time around, too. where they tried to, you know, they passed the 2004 assault weapons ban and all the people rushed to the stores before it went into effect and bought as many guns as they could that were about to get banned and so on, so it sort of wound up breaking even. i want to ask you this though, politically how does it shake out?

they keep talking more and more at the white house, including moments before we went to air, from the vice-president, about how this can be handled in part by executive action, executive action, executive action so barack obama wouldn't need the congress to push through whatever he would do by executive action. but the second amendment happens to be an amendment to the u.s. constitution, so it's tough to mess with that via executive action and there are political risks to the president in doing anything without the congress. you know, he could blame others and say it wasn't just me, i had a bipartisan majority with me on this. >> well, look, there are things -- we have a lot of gun laws in the united states. a lot of them are not rigorously enforced. atf turned into something of a paper tiger. there can be things from an existing law standpoint, how things are, tightened down. and if the president starts issuing executive orders and doing things relates to firearms, what will happen, he

will further polarize the discussion and the likelihood of anything happening grows more and more remote and they think congress-- the imagine moment when people were awake to the sort of epidemic of mass shootings, and we have a lower murder rate, but we've seen this incredible spike in these mass shootings in recent decades, so, we had a magic moment where the national dialog could have taken place and could have taken an incremental step to deal with this and he didn't do it and every day gets more and more unlikely that it will happen. >> megyn: there's a question whether he's been helped at all by the newspapers, more and more, that are outing legitimate, law abiding gun permit holdings and trying to shame them and that gets people's backs up and it doesn't make them want to listen with open ears and now we're having a gun appreciation day, which they say was inspired by chick-fil-a appreciation day and they were on the deep end and both sides are shoring up and that doesn't usually make for, you know, goodbye partisanship.

chris, thanks. >> you bet. >> megyn: and we just got this video in from an event in vermont, i think, vermont on monday night. a big crowd packing city hall in burlington to voice their concerns over a proposed change to the burlington city charter. the proposed change and amendment would ban semi automatic assault weapons and multiple ammunition clips and many showed up to argue that that could infringe on constitutional rights, a message that repeatedly drew applause in vermont. >> to those people who say that we don't need this legislation in burlington because nothing like this has ever happened here before, well, the people of newtown, connecticut could have said that before december 14th. >> i think it's a dangerous course to let emotions get into the driver's seat when rising legislation that could potentially infringe on

constitutional rights. >> this council has failed to recognize the right to keep arms, omitting this right from the language this have proposed charter change. >> megyn: any change to the city's charter is a long way off and a number of people also noted, a need to focus on the mental health of the people who actually use guns. that's been at best a footnote in this discussion they're having in washington and people want to know why we're so focused on disarming the madman. what about dissuading the madman? where is the focus on that? well, developing in new york right now, a team from the national transportation safety board is just arriving at a city pier to investigate this morning's ferry crash. more than 50 people were injured. originally the numbers were more like 15. at least two of them critically. the boat was carrying hundreds of commuters from new jersey when it slammed into a dock. so far, the captain and crew have tested negative for

alcohol. they're still processing the drug tests. later this hour we will get a live report from rick leventhal who is on the scene. new developments today in a smalltown rape case getting national attention. an ongoing investigation sparking protests and dividing steubenville, ohio and beyond. in steubenville, two high school football players stand accused of raping a 16-year-old girl this past august, who may have been drugged or passed out drunk, that's what it appears and what the witness accounts say. now that young girl, she was 16 at the time, her lawyer is speaking out about her situation as the two 16 year old defendants are set to go on trial for this alleged crime in february in juvenile court. trace gallagher has more live from the west coast news room, trace. >> reporter: megyn, the lawyer for the 16-year-old alleged victim is really now giving us our first insight into how she's dealing with all this. she says five months later she remains tormented, often cries and upset.

for her this ordeal was excruciatingly personal and devastatingly public and yet, she is back in school, performing well in athletics, and somehow made the honor roll. he says that her parents found out about this when a relative brought them the picture that we have all seen so many times of their daughter, seemingly passed out. and then also, showed them the youtube video of that former steubenville student, mocking their daughter, saying that she had been raped. now, defense attorneys maintain the girl was not passed out, and that she was able to consent, but if you look at witness testimony, that is called into question. remember, police say the 16-year-old girl was drinking heavily and reportedly thrown up and was taken to three different parties by the two suspects, and others. now, one of the first alleged attacks happened in the back of a car, where another student says he videotaped the sexual conduct, but later deleted that video. and then, there is more testimony of the girl later

being brought into a basement of the home where the third party took place, where a witness claims that she was down the basement and that she was naked and not responsive. more pictures were taken in the basement. they were also deleted and one of the witnesses says, that he told one of the suspects, maybe you should wait until she wakes up. the same witnesses said they did not feel the need to call their parents or call police and while all this have is happening, you have a town that is divided. yesterday, the schools in steubenville were on lockdown for several hours. security officers have now been placed at all of those schools. and you have defense attorneys now saying that they want this trial moved next month out of steubenville because their clients simply cannot get a fair trial. megyn. >> megyn: wow, trace, thank you. tell our viewers, we had dr. ablow on in a very interesting discussion about this. asked him among other things, why would no one have stepped in. you saw the condition that that girl was in in that

photo. why didn't anybody step in to stop it. taken to three different parties like that, repeatedly sexually assaulted allegedly. the guys defense, it was consensual, not that there was no sexual conduct. his answer was we don't do well in groups. get the pack mentality and think somebody was information we don't and a way of training yourself and children to get beyond it. check it out foxnews.com/americalive. and almost four months after the terror attack that killed four americans in benghazi libya, a key suspect is released for a lack of evidence. up next, we'll look into what's going on with this case. where are the bad guys who did this? why haven't they been killed or captured? plus, espn is now apologizing after one of its top sports casters remarks on the good looks of the alabama quarterback's girlfriend during the college championship game the other night. the woman says she has no problem with that the sports

caster, brent musburger, said. why is espn apologizing? commenting on a woman's good looks. >> and after a man was poisoned with cyanide his wife says she has nothing to side. mark furman is here. the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news. prego?! but i've bought ragu for years. [ thinking ] wonder what other questionable choices i've made? i choose date number 2! whooo! [ sigh of relief ] [ male announcer ] choose taste. choose prego.

>> after we attacked in benghazi was there need for more accountability and do you know who is behind the attack at this point. >> my message to the state department is very simple, and that is that we're going to solve this. we're not going to be defensive about it. we understand there are dangers involved, but you know, when you read the report, and it confirms what we had already seen based on some of our internal reviews, there was just some sloppiness. with respect to who carried it out, that's an ongoing investigation. the fbi had sent individuals to libya repeatedly. we have some very good leads, but this is not something that, you know, i'm going to

be at liberty to talk about right now. >> megyn: well, that was president obama roughly ten days ago discussing the terror attack in libya that killed four americans, almost four months ago now, including our ambassador. yesterday we learned the one and only suspect in custody so far has just been released by tunisian authorities citing a lack of evidence against him. so, where exactly are we in our fight for justice against the terrorists who killed our ambassador and three others? virginia congressman frank wolf is a republican and a member of the house appropriations committee. you're upset among other things, that this country, tunisia that released our one and only suspect got 300 plus million in aid, why are we funneling aid to them. >> we should not be and they're about to become a millennium and means

advantages. we should be cutting off the aid. the fbi team was there for five weeks and the tunisians would not allow them to interview the fellow. they went back and finally invited them to come back in after a lot of pressure. they were with him for about three hours, had his lawyers and judges there. this individual was involved in the benghazi consulate attack. he was involved. we knew he was involved and yet they released him and he walks the streets. there's also another individual in egypt we have not had access to and we give egypt a lot of money, also. >> megyn: the guy who was in tunisia is ali harzi and this is the guy who has been released. already, some are asking the question, mark theeson, a former bush speech writer and comes on this program, he has come up with this position, this was an act of war, and they're treating it, the administration, like a crime. he wants to know why, this is

a quote, we are not collecting intel and giving it to our drone targeters. >> and you want me to comment on that. >> megyn: what are your thoughts on that. why are we going-- treating this as a criminal investigation where we're relying on tunisian authorities to arrest and detain and potentially prosecuting somebody as opposed to bombing these people. >> the committee that i chair has the jurisdiction of funding the fbi so we stay in touch almost on a daily basis. the fbi is doing a good job. they don't have the capacity, they weren't even able to get into the country for a couple of days. they were not able to get into benghazi for a long, long period of time. so, really, they don't have the capacity to do. secondly, every time we ask the white house what they say is this is really a krcriminal case and you have to talk to the fbi. you call to the fbi, we cannot comment. yesterday the state department says we can't comment, you have to talk to the fbi. the four people that were

supposedly punished in the state department have not lost their jobs. they still have their jobs. i think you have to look at that. the only way we're going to get to the bottom of this is to have a select committee made up of all the committees involved and there are so many committees now nobody knows who is talking to who. a select committee similar to the iran-contra affair to gather information to see if we're going it the right way and secondly to educate the american people. this is something you have to look into, but you can never get an answer out of the white house and you can never get an answer out of the administration. i mean, eric holder probably ought to be called. and panetta was in the white house that afternoon, he should be called. the cia has never testified publicly, so, maybe that's something we ought to do and that's why i think the only way we're going to get to the bottom of it. >> megyn: a select committee. >> is a select committee similar it iran-contra. >> megyn: when i say bombing people, the selected terrorists not the tunisian and libya--

the argument is you can't drop drones on libya, that's going to cause different problems that we don't need, but is there a -- is there a message? because theeson posits and we like him comes on the show a lot and interesting commentary, he posits that we're showing weakness not having arrested any terrorists, not killed any terrorists, not having any justice to show four months after the fact. >> we are showing weakness and we continue to give aid to the tunisian government after they released this man, that's another sign of weakness. if we don't get the guy in egypt to talk to him, that's another sign of weakness. until we have a select committee, bipartisan, republicans and democrats, to subpoena these people and bring them up publicly, frankly, we will never find out what happened. because every time they say talk to the fbi and the fbi, they're a good group, i like the fbi. >> megyn: yeah. >> they always say well, it's a criminal case we cannot comment. we're farther behind finding

out what happened today than we were a week or two after the attack. >> megyn: congressman frank wolf, thank you for being here. >> thank you. >> megyn: coming up, new pictures of an incredible survival story as grandparents and their grandkids find themselves trapped by the flames from a massive wildfire. that's next.

>> and now to a dramatic survival story from some massive bush fires sweeping through australia. grandparents were watching their five grandchildren as fires moved in so quickly, they had no idea flames were about to burn down their home. the quick thinking grandparents forced the kids into the the water nearby and held on to a jetty for three hours. look at this, the family described the unbelievable scene. >> we just went-- and received a message at 3:30

to say that mom and dad, surrounded by fire, and could we pray. so i braced myself to lose my children and my parents. >> and came at us. >> we saw tornados and fire coming across towards us and the next thing, everything was on fire everywhere, all around us. >> megyn: wow, at least three of those children did not know how to swim and say it was hard to breathe because the air was full of ash and embers. finally the grandfather was able to reach a small boat and drag the family to a safer area. local officials have been looking for victims, but so far have not found anyone killed in the fire. ambitious vision for america's highways. an end to traffic deaths. the world's largest car makers unveiling their concepts at the 2013 consumer electronics show. the latest technology on the

road to an accident prevention supercar. trace gallagher explains, trace. >> reporter: actually a couple of different cars unveiled, megyn at the ces show in las vegas. the first from audi, close to a robotic car on auto pilot you can get. this car is actually connected to the internet and it's run by google voice command and then google maps helps the car navigate. in other words, you tell the car where to go and it goes. you don't need to steer it, don't need to push the gas pedal or the break and audi says the driver still needs to be at the wheel, but for the most part the car just kind of controls itself. they will start testing this car in nevada on actual nevada roads very, very soon and then toyota and lexus say they're not really looking to build a robotic car, instead they want a car that's accident proof. check this thing out, right? it's got sensors on the front, the rear and as you can see, they're on the roof. the sensors include laser

tracking to pick up objects about 250 feet away and hd cameras that can pick up objects like oncoming cars or traffic lights up to 500 feet away. and the front of the vehicle is equipped with radar that can measure the speed and the location of uncoming traffic or approaching vehicles. and they can gauge how fast you should be going to deal with those. here is the big thing. the cars, are you ready, they use short wave signals to communicate, megyn, with other cars. to tell the other cars that maybe they're about to be in a collision. it's amazing stuff. it's not going to be on the market in the next couple years, but all the same, five years, seven years down the road, these could be very prevalent. >> megyn: that's fantastic. they have the technology where you can get the side radar on your car and then you get a little blinking thing in the side view mirror if there's somebody in your blind spot. that's great. doesn't that freak you out?

i'm always worried about the blind spot. >> it scares me, sometimes you have the phantom problems, beep, beep, nothing there, and looking over for something, there's nothing there. >> megyn: i'd rather have beep, beep, beep, nothing is there, and oh, yes, there is! >> got a point. >> megyn: all right, see you trace. new problem over an espn apology. they came out and apologized for comments their sports caster made during a game, the college football championships, about the quarterback's girlfriend. one of the quarterback's girlfriends. sports caster brent musburger called her a beautiful lady repeatedly. is it now politically incorrect to compliment a woman for her looks? what was so wrong that espn had to come out and issue a public apology. kirsten powers and monica crowley are here. and fascinating new details on a murder mystery. 24 hours after we find out a lottery winner was poisoned by cyanide, his wife is now speaking out, climbiaiming that

she has nothing to hide. we'll spoke with mark furman, where this case is likely to go, boy, interesting thoughts on this. the popular resort activity sorbing and how it went horribly wrong for one man. >> oh! clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach.

>> fox news alert on a ferry crash in new york city.

a team from the national transportation safety board is arriving in new york to investigate this morning's terrifying ferry crash. a boat carrying hundreds of commuters from new jersey slammed into a dock during rush hour, 50 people were injured two critically. our own rick leventhal is live at the scene at pier 11. >> reporter: we can confirm that n.t.s.b. go team is on that ferry boat, assisting the u.s. coast guard into the investigation what caused this ship. 140 foot ferry boat to slam into pier 11 after 8:40 a.m. injuring 57 people, as you mentioned two of them critical, 9 the serious and 17 reported in guarded conditions. many of the folks were standing up as this boat came in close to shore getting ready to get off when it hit and they were thrown forward. some downstairs, others into windows, breaking glass, many of them were cut, many suffered bruises, their heads and next were injured and

backs as well. even one woman sitting down was hurt. >> i was sitting down upstairs towards the back. i was like half asleep and all of a sudden there was this loud bang and my face catapulted into the seat in front of me and my knee must have also hit the seat. >> reporter: you can see where the front of the boat hit, the corner of what we believe of a dock out here and ripped a hole and shredded the right side of that vessel, from the inside the coast guard tweeted out a picture shows what it it looks like looking through the hole. and the coast guard is investigation along with the n.t.s.b. sea streak that runs the ferry, the captain of the vessel is a ten year veteran and passed his alcohol test and all the crew waiting for drug test results. megyn. >> megyn: rick, thanks. new fallout over espn's now apology on behalf of its sports caster brent musburger. for comments he made about the

girlfriend of the alabama football quarterback. that soon became an internet sensation. here is how is went down. started monday night during the alabama-notre dame championship game and he started talking about aj mccarron, the quarterback, and the women in his life and he pointed the woman down on the right with the darker hair, aj's mom and screen left a little higher is his girlfriend, katherine webb. brent musburger praising the former, well, isn't she current, miss alabama? she's competed in the miss usa came in top ten. anyway, he was impressed with her appearance, listen. >> you see that lovely lady there, she does-- and also, miss alabama and that's aj mccarron's girlfriend. okay and right there on the right is dede bonner, aj's mom. you quarterbacks you get the good looking woman what a beautiful woman. >> wow.

>> aj is doing some things right. >> if you're a youngster at alabama, start getting the football out and throwing it around the back yard with pop. >> so he had got ten in a bit of trouble and we told, but this yesterday and some people online were not happy and thought he was too focused on her. >> she said she had no problem with it, but espn has apologized for brent musburger. was that necessary? turning to me now, monica crowley, and kirsten powers, fox news contributors. here is the apologize. we capture story lines and miss alabama and the quarterback met that test, however, we apologize that the commentary in this instance went too far and brent understands this. now, i think we all agree on this, i think we all agree on this. raise your hand if you think that brent went too far? right. >> exactly. >> megyn: what did he say that was so offensive. >> megyn, here is what's wrong

with a man calling a woman beautiful... nothing! and when they stop whistling and checking you out and calling you beautiful, you've got a problem. there was no apology needed here. katherine webb is a beautiful woman and as a red-blooded american male if he hadn't said anything, that would have been weird. >> megyn: that's true, if you have something that striking, a person or an event or whatever, on camera, that you know everybody at home is thinking the same thing and you don't remark on it, interes there's actually a disconnect between you and the audience. granted he may not had to say as much as he did, he's saying what everybody at home was thinking, she's gorgeous who that. >> he hardly said anything, called her lovely and beautiful. people acted like he was drooling and saying inappropriate things and i think, to me this is just feminism gone awry. now? i consider myself a feminist, but then, these kinds of things happen and i was reading, you know, a feminist

blogger at think progress saying, which is a left wing blog, saying, this is just an example of football culture and started talking about domestic violence and rape. now? and it's like, what are they talking about? you know, that you cannot -- i think it's notable that must burger is in his 70's and men of that era are comfortable saying things like that and everybody else cowed into a fear of acknowledging a woman is beautiful is somehow sexist or harassment. >> or a pervert. >> yeah. >> if you admire a beautiful-- >> and she is beautiful. >> and didn't we all admire here? yes. >> megyn: we are not perverted, but i think we all agree, she's incredibly gorgeous, if i looked like that, i'd be in the bikini contest, too, of must usa. the thing is she had no problem with it, a lot of people had no problem with it. people online reacted, monica as they she was giving her graduate thesis at mit and in

the midst, brent musburger she was gorgeous, look how gorgeous. she was on camera, she is a miss-- she is a beauty queen. >> correct. >> megyn: it wasn't like, i can understand the point of this is offensive if the person is presenting themselves in a professional manner, nothing to do with their appearance and you dalai down that path. that's not what happened here. >> correct, and kirsten is absolutely right, this is feminism taken completely off the rails here. you know, he wasn't leering at her, he wasn't stalking her, he wasn't making inappropriate comments. he just happened to observe that she's a stunningly beautiful woman. and by the way when i watched the nfl and tom brady comes on the tv screen, megyn, i have a couple choice words about him. and does that make me somebody who is leering, tom brady, but anyway i digress. the problem here we have gotten so into this situation in america where the word police are everywhere. so, regardless of what you say, you call a woman

beautiful, call tom brady a hunk, suddenly the word police are on top of you. you can't make a joke, can't give a valid compliment to somebody without somebody in some corner of society jumping all over you and i think that's unfortunate. >> it goes beyond just, you know, appearance. the state department came out with some admonitions in the summer of 2012, kirsten, saying you need to be careful about saying, hold down the fort. because this could be offensive to native americans. you need to be careful using the term, rule of thumb. had to do whether a woman's bruises were bigger than an a thumb. in the day. be careful of using the term handicap, that may be offensive and call the war on terrors, the contingency operation in some circles, and last year did a show, little people, find the term midget acceptable for decades in the country, can't say that, how is anybody to know what they're supposed to say anymore?

>> i guess when you say it when you get in trouble. a friend of mine told me he gave a talk to kindergarteners and told them to sit indian style and got in trouble for that. we're not allowed to say indian style because that's offensive to indians, it's complete lunacy and i even think, you know, if somebody says something, like if anybody wants to call me beautiful right now, i don't have a problem with it. >> megyn: you're beautiful, kirsten. >> thank you, megyn. >> you know, i mean, it's really -- even the idea you know, that if somebody thinks in a professional setting that you're beautiful, there's nothing wrong with that. it's not -- the problem is leering, you know, sexual innuendo, that's kinds of things. he said she was beautiful and lovely. does not strike me as offensive behavior. am i the only one that thinks she looks like mary katherine hamm who is beautiful? >> i do see the resemblance. on top of everything, you have a person who is actually a

beauty queen, has chosen to be, to let us celebrate her beauty and we have. she's a current reigning miss alabama, and top ten must usa. it's crazy to me that espn felt he went too far in doing what all the judges at the competition did and millions of americans did as well. final thing, leaving the viewers with some sense of security in their lives. fine to go up to a woman and say, just want to tell you you look beautiful, fine? >> yes, and by the way, on the streets of new york when i see a striking woman who is really put together well, i will stop her on the street and say, you look fantastic. you look gorgeous and brightens their face and lightens up their entire day. it's a good thing to give a compliment. >> megyn: i don't know the woman who doesn't like to be told she's beautiful, kirsten? >> that's right. >> megyn: remember that. you're both beautiful. >> you, too. >> thank you so much. >> you are megyn. >> megyn: doesn't hurt to have the team of geniuses at the fox hair and makeup studio get you beautiful each morning, i'll tell you that for sure.

we're taking your thoughts on twitter, on megyn kelly, tell me what you think. he's lost title sponsorships and allegations that he used enhancement performers and lance armstrong is ready to tell his side to oprah. what's he going to say? coming up. so you say men are superior drivers?

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>> murder mystery in illinois after a man hits the lotto jackpot only to wind up dead before he can cash the check. 46-year-old urooj kahn died last july one day after his winning check was cut to him. at first authorities said he died from natural causes and then a relative's tip reopened the case. he was poisoned with cyanide. his wife says she has no idea and or who tipped off the cops, says it wasn't her.

what had a mystery here, she says, that's the new piece today, says it wasn't me, i was not the one who asked the cops, homicide, medical examiner to take another look at this. where do you think we stand on this case? >> well, the first thing, megyn, i mean, i hope nobody dropped the ball, but just on the onset you have a man that wins the lottery. he's going to cash out. he finally gets the check. the day after he gets the check, he dies at home of supposedly natural causes. now, of course, there's an autopsy ordered and i don't know the process in this municipality, but if there was a detective at the autopsy, which i hope there was, the doctor says, well, looks like natural cause. i mean, would that be because he couldn't find any other cause so he says he had heart disease? so, you have to understand that cyanide works the same as a heart attack would in so much as it deprives the heart

missile of oxygen and it shuts down. so, it's interesting that at that point they just, it's unnatural. so, everything that happened before was just a coincidence? i don't believe in coincidences. >> megyn: right, in other words, what you're saying the guy got murdered because of the lottery check and so the question is, who stood to gain. i mean, you have to look obviously at the wife and the spouse, but who else? and the question is, mark, how do you start eliminating suspects? how do you start to narrow down who would have had access to him and so on? >> well, it's pretty easy, megyn. you go with the people that are closest and have the most access to the victim and then you work outward from them. if you can't clear the people who are closest, you stick with them until you can clear them or arrest them. you have him dying in his home. when you're going to poison somebody, either by transferring through the skin

liquid, or ingestion. well, it's obvious that his wife probably cooks his meals and he dies that night. i mean, do you start there? you're looking for any, any sources of cyanide which can be in some cleaning fluids, it can be in some photographic solutions, to process film, metal cleaning. and then you can actually obtain cyanide, so you're looking for that. then you're looking for any kind of information that somebody in the home might have been researching, look at casy anthony, same situation, and then as the police did, they served a search warrant. they're looking for all these items that could be -- that could give her the means and i'll say another thing, megyn, that i'm sure that the detectives at least now have offered the wife a polygraph so they can eliminate her and move away from that, but i have a feeling, since she has

an attorney that she has declined that. >> megyn: i want to ask you two questions when we come back. number one, how fast does cyanide work? what would be the window we're investigating and ask you whether they could trace who made the phone call asking for another investigation? that person obviously knew there was some reason to be suspicious. that's next, stay with us. ow . creamy mash potatoes, homestyle gravy and 320 calories. marie callender's. it's time to savor. i'm up next, but now i'm sging the heartburn blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is!

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>> someone is drowning, if you don't have oxygen for four minutes, your brain dies, same thing with cyanide. you have a big enough doze, it can prevent your cells from using oxygen and basically suffocate from the inside out and once it gets into the brain and the cells, it starts to october veact, very, very qu if you have a large dose, people can expire within minutes. >> megyn: within minutes. mark furhman is back with me.

that doctor says minutes. do you know what he had done before he died. >> i believe he had gone to his bedroom appears to be within the reporting of the incident. so when you look at this, he ingested something previously, obviously, at dinner through drink or food, and then he retires, and he's supposedly dies of a heart attack, but when you see cyanide poisoning, it can replicate some, some effects or some visible signs of a heart attack, but the medical examiner should have known the situation here. he should have been brought abreast of exactly what was going on and he should have ordered those tests for any kind of poisons, especially cyanide. >> megyn: and who would have been the person to tell him that. the wife. i'm not trying to indict the wife, but she would have been the one to say look, he just won the lotto, fyi. she says she was not the one to ask for another look at the autopsy results.

all we know it's a relative and police are not identifying the relative. i don't know if they know and not telling us or they don't know, how important is that relative now to this case? >> well, it's very important and i believe they do know. they wrote a search warrant, so, it's -- if they know the person, they could be a reliable informant, although confidential, and they could keep that under their hat. if it is just a call, an anonymous informant, to be so intrusive without other evidence would be difficult. >> megyn: very interesting. poor man. boy, oh, boy. you hear about bad things happening to lottery winners, but that's-- mark, thanks for being here. coming up, lance armstrong lost his title, his sponsorships and his reputation in a massive scandal over performance enhancing drugs and he's now apparently going on oprah to tell his side of the story. there are some reports there will be a confession of sorts. is this real? and what legal consequences

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>> fox news alert. a growing number of hospitals reporting they're having to turn patients away as the number of flu cases in the country reaches near record levels. brand new hour here of "america live." welcome, everyone, i'm megyn kelly. playing out in virtually every city. with boston today declaring a public emergency. 41 states are affected and have a widespread outbreak on their hands. in arizona teachers are vigilant wiping down tables and chairs and making sure children wash their hands frequently. >> if you think about it kids are touching things.

>> and all day long we wash hands and prevent winter time misery. >> in virginia, emergency rooms are busier than usual, doctors and nurses struggling to keep up with the number of patients. >> more crowded than usual, it seems like a lot of sickness going around. >> megyn: and even more serious situation down in texas, doctors are seeing a shortage of the vaccine as people who did not get vaccinated earlier are just now realizing how dangerous this flu strain is. >> what we are dealing with right now, there's not a vaccine shortage nationally, it's just a low inventory because you try to get as many people vaccinated before the holiday period. >> megyn: in illinois, we're hearing at least seven different hospitals and emergency rooms are having to turn patients away and send ambulances to other hospitals because there simply isn't any more room, given the overflow, already, of flu patients.

steve brown joins us live from chicago with more, steve? >> reporter: yeah, on monday we had 11 different hospitals in illinois, megyn, get put on bypass, means essentially all nonemergency cases deemed for a period of time not to go to this particular hospital and ambulance companies and emt's are alerted to that. those bypass last between four and 12 hours each, but this is an intermittent sort of situation that happens about 14 times a year, generally speaking, to hospitals, but it's happened to an awful lot of them all at once now and a lot of that is attributed to the flu. does that mean that if someone has the flu, cough, cold, a bad case they should go to the e.r. or check into the hospital? no, say doctors, unless it's coupled with something else. >> the best thing is, except for those that are young, healthy, not having other symptoms, not having any respiratory difficulties or not getting dehydrated,

vomiting, uncontrolled, lightheadedness, and treat yourself with aggressive hydration, rest. >> reporter: now, the largest concentration of flu cases according to the centers for disease control is here in the midwest. the good news is, is that a flu shot should protect you. we're told by health experts here at the-- at rush hospital here in chicago, that a very good vaccine covers the vary yent of the h-3 n-2 flu common in and around the country today. if you haven't gotten the flu shot, the flu season is underway, doctors urge that you get one quickly, megyn. >> megyn: steve brown, thank you. with such an overflow of cases hospitals are setting up triage cases outside of the hospitals in some situations. and some are running short of supplies. look at the tents some of the hospitals had to set up. so, when should you take your flu symptoms to the hospital and when should you just stay home under the covers crying in your soup?

dr. richard furshine is an author and comprehensive medicine. doctor, why is it so bad this year? >> well, this year, the flu has actually hit about five weeks earlier than it did last year. this flu strain is very similar to the type of strain that we have in 19-- in actually 2002, 2003, where 40,000 people died. it's very, very serious situation that we're dealing with right now and what doctors, are those individuals who haven't had their vaccine. >> megyn: good, i'm glad they fixed your microphone, doc. what about, two days ago on this program, dr. marc siegel and scolded me for not having a flu shot gave me one on the air. and he says that the peak of the flu season will probably be in three weeks, if you haven't yet gotten your flu shot, now is the time? >> yeah, it takes about three weeks for the vaccine to reach

peak i mmunityimmunity. for those who haven't had their flu vaccine at this point, there's a chance for them to go and get a flu shot. now, for those individuals who actually are coming down with the flu, it's important to understand, there are medications that you can take, there are two medications currently on the market, one is called tamiflu, the other relenza, if the symptoms are identified within 48 hours, those medications are administered, the flu symptoms can be dramatically reduced. >> what, you know, words -- what caution do you have for parents out there? because we've had 18 pediatric deaths, deaths are children. this flu season alone. they say of all of these people, there have been thousands admitted to the hospital, 2000 last week. 41% have been seniors, 13% have been those between zero and four years old? >> yeah, so for parents that are concerned and obviously, there are very serious warning signs, if your children are not responsive, if they're

persistent vomiting, if there are problems such as high fever, those are the the individuals that need to be taken directly to the emergency rooms seen by their doctor, contact the doctor right away. and in instances where there are those concerns, even children who are very, very young age, six weeks, those individuals can receive tamiflu so there's still an opportunity to treat them as well. >> megyn: is there any controversy with the flu shot? because, you know, a lot of people believe anecdotally that the flu shot gives you the flu or makes you sick. in fact, it's interesting to me since i got that flu shot on the air on monday so many people come up to me and said, how are you feeling? i feel fine, what do you mean. >> usually you feel sick the first 24 hours after a flu shot. i feel fine. >> yeah, up to 25 people of who do get the flu shot can have mild symptoms, or side effects of getting the flu shot. there's no chance of getting the flu from a vaccine, in fact, the vaccine contains a dead virus, that's a virus that cannot perpetuate or

cause the flu, and there are some individuals who do actually have allergies to the-- one of the medium, the actually the flu vaccine is created in, is made from eggs and those individuals that have a problem with eggs or have an allergy to eggs should not get the flu shot. and may actually get symptoms. >> megyn: one other question before i let you go. then there's the live flu virus you can get, too, isn't that the kind you sniff up your nose and give to kids? >> yes, now flu mist is a live vaccine, however,this particular vaccine, they take out the components that actually make it transmittable to another person. so there's no chance of actually getting the flu from getting a vaccine if it's injected or if it's inhaled. >> megyn: all right. that's a myth. don't worry about getting the flu from the flu shot. thankfully i was in the 75% and i feel fine, my muscle a little sore, but-- >> it's important that people take those precautions that we were talking about earlier.

use a solution of sanitizing solution, 60% alcohol, make sure you wash your hands frequently, stay away from individuals who actually have the flu or stay away from areas where there's a high concentration of people if you're concerned. >> as they say, most areas of the country there's he no shortage of the vaccine, go out and get it, the shot, you can do it. doc, thank you. >> thank you so much. >> megyn: well, we've got a stunning new development involving the victims of a home invasion in new hampshire. that got a lot of attention a few months back. less than two months after an anesthesiologist and his wife were badly beaten by a mysterious home intruder, police now say the doctor's wife was just found dead. trace gallagher covering this from our breaking news desk, trace. >> reporter: yeah, remember we covered this a couple of months ago, a vicious invasion in the upscale home in new hampshire. the attacker is on the run and then you had sonya and her husband eduardo sonya, a well-known anesthesiologist

decide today move in with that man, his mother, right, in a condo in bed ford, new hampshire, days went by they couldn't contact them by phone and kept missing appointments so the family gave police permission to use force to open the condominium door. listen. >> bed ford police department officers entered the residence, found mrs. kacada was deceased and the doctor was alive, fire, paramedics responded, treated the doctor at the scene and transported the doctor to an area facility. >> here is the strange thing though. there were no signs of trauma to either of them. no signs of forced entry. clearly, nobody else was inside the home. they did find a large amount of prescription medication next to them. the neighbors say they didn't hear any commotion at all and police didn't say where

exactly inside that condo they were found, but we just called police a short time ago, megyn, they didn't really want to talk to us. they said they're not releasing any new information about this at all. suicide? homicide? it's unclear. we know the attacker that viciously beat them two months ago is still on the run and beyond that, very unclear. >> megyn: wow, that's a mysteries. trace, thanks. well, the vice-president just wrapped up a meeting with victims' groups and gun safety organizations as part of a new task force to tackle gun violence, but we're hearing rolling complaints about what they call assault weapons. second amendment supporters say there's more fiction than fact in parts of this debate. that report is next. plus, lance armstrong's brutal fall over a massive scandal over enhance performance drugs. and now he may be making

confessions, in an interview with oprah? that could that mean for him legally. kelly's court ahead. >> i'm not worried about anything, i'm focused on the future. great kids, lady in my life. and a foundation unaffected by any, any noise out there and we're going to continue to do our job.

>> of everything that we've seen from this task force, including the meeting today, especially the meetingtoday, underscored everything that the president has been saying and the vice-president has been saying all along. they're committed to looking at this issue comprehensively, you know, taking all the well-intentioned solutions that are out there and saying, what opportunity do we have to safe the most possible lives, to prevent the most -- the greatest number of tragedies. >> megyn: just getting reaction now from gun control

groups moments ago after vice-president joe biden kicked off a high-profile round of white house meetings to understand. we are told the administration is working on a list of new gun control measures in the wake of the connecticut school shooting tragedy in december. and mr. biden met with the victims groups and gun safety organizations and he'll sit down with gun rights, n.r.a. and there's more fact than fiction-- i should say fiction than fact in the national debate we're suddenly having over gun regulations. lars larsen is a syndicated host, and he's back with me now. and lars, now we have a couple pieces of news of what exactly we're talking about. today we heard more on possible executive action by the president to curtail gun rights and we don't know what that means or what he could do to bypass congress on this issue, but the thing that had

been released earlier in a washington post article, two things i want to ask you about as a gun rights advocate. universal background checks, one thing think want to do they didn't do in the 2004 assault weapons ban. and universal background check and right now at a gun show they say you don't need a background check. they want to close that loophole. what's the controversy about that. >> two controversies when you say universal background checks for people who own guns today or only for purchases? every purchase at a gun store in america requires a background check. every purchase from a licensed dealer at a gun show requires a background check. now, if i go to a gun show and i meet a gentleman that i want to buy a rifle from, it's a private one-to-one transaction, in most places in america, background check is not required. i always go through the ffl background check so that i can assure the seller of that weapon that he knows who he's selling to, and that i'm legally capable of poe ssessing

it. it wouldn't make a darn bit of difference, in the mass shooting that happened, they haven't found one where that private party transaction was a significant part of it. columbine is the best example, a young lady went to a gun show, bought some guns privately without going through a dealer, but she would have passed background check because she was of the appropriate age, didn't have a criminal record, didn't have a mental health background. so having the background check in place would not have prevented her from buying the guns and giving them to eric harris and dylan klebold. so these are meaningless measures. >> megyn: so you're saying that that is not a problem a area even though people complain about it. aren't a significant number of cases, because the background check wasn't performed at the gun show sale. >> correct, correct. >> megyn: that's interesting. >> and she was a strawman. it's the strawman that sounds good. we're going to close the loophole. what does that do? nothing. if you're going to do nothing, then what the president is saying, i want to go out and

restrict american's freedom of transfer. >> megyn: no, no, i wanted to talk to you about the other things that "the washington post" are reporting thinking about doing beyond the 2004 assault weapons ban. they want to strengthen mental health checks, now, do you have any problem with na? >> yes. >> megyn: why? >> let me suggest something. well, hundreds of-- here is the thing, if you're committed to mental institution by a judge's order you can't go buy a gun. that comes up. if they want to do better data basi basing, the government is largely incompetent in government date is basing. and where data bases have failed. megyn, hundreds of thousands of young men and women have come back from iraq and afghanistan, some have mild ptsd. trouble sleeping, irritable, they go it to see the va, gosh, i'm having trouble in my marriage, loud noises bother me, i have nightmares at night. and the doc says great, i'll write you a prescription. do you want to put all those people on the list? because that's the real threat. when they say stronger mental health check, at what point and who gets to decide. >> megyn: all right, let me

challenge you on that. let me challenge you on that because there are a lot of people out there, especially in the wake of newtown, thinking with all due respect to those vets, the answer to that question is yes, because we need to err to include on the side of more people who have mental health challenges in the field, you can't have a gun right now than we currently are, erring too far on the side of permissiveness is their belief. >> i understand, megyn, let me try it this way. every single person in america who's on any kind of prescription pharmaceutical, xanax, prozac, lithium, loses h his right. or go to a marriage counselor, and our marriage isn't working out, yelling at each other. >> and that broad the mental health check-- >> how far? i'm asking when they say broader or stronger. >> megyn: you want to know how broad. >> and with adam lanza enough and-- >> i see your point.

depends how they define your mental health issue. then they say they want to track the movement and sale of weapons through a national data base. what does that mean? >> i think it's scary. if you look at feinstein's bill i think is the model for the president. and if he does executive orders he's more like hugo chavez all the time. under feinstein's bill which has been introduced, if the president does it that way, everyone with a firearm on the list, will be refired to go in and give fingerprints and mug shots like nazi germany we're going to register everybody and you won't be allowed to transfer that gun. megyn, let's say your husband who writes great novels, has one of these guns, he can't leave it to your children when he's gone or the grandchildren because the transfer of that firearm will be forbidden and that's what the bill says, you look at feinstein's, and you won't be allowed to trade it, sell it, buy one, leave it to

your kids and on the day that happened, grandpa dies you call up the police and say please destroy grandpa's gun nobody else is allowed to take possession. taking possession of one of those guns is a felony. the day grandpa diesen awe don't know he was an ar-15 locked in the safe and police come and discover it there, the family is guilty of possessing a gun and possession of which is a felony, do you want to put-- >> interesting, lars. because you raise a lot of issues that the vice-president's going to hear raised tomorrow, and some of these issues while they seem straight forward at first are in fact pretty thorny issues. we appreciate you coming out with your perspective. thank you so much, lars. >> it's always a pleasure, megyn. >> megyn: all back to you. thanking your thoughts on that at twitter as well. follow me at megyn kelly. down the hill and over the cliff. look at this incredible videotape of a popular winter sports activity, have you seen this before? what is this and what exactly

happened. trace gallagher has the disturbing conclusion next. [ female announcer ] today, jason is here to volunteer to help those in need. when a twinge of back pain surprises him. morning starts in high spirits, but there's a growing pain in his lower back. as lin grow longer, his pain continues to linger. but after a long day of helping others, he gets some helpful advice. just two aleve have the strength to keep back pain away all day.

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>> new video out of russia where a crazy winter sport turned deadly. a giant inflatable ball with two men inside of it veers off course and plummets off a cliff. trace gallagher has the story, trace? >> reporter: it happened in southwestern russia. when you see the video you'll say the same thing i did, which it doesn't look very dangerous, kind of a mellow hill. a 27-year-old snow boarder ap his buddy, in this two big

giant rubber balls with a thin layer of air in between. they kind of get strapped in this thing, right, strapped in, harnessed in, good to go. and then come back to me on camera if you will. i want to show you this. i want to start this and set it up. okay so they push this thing down the hill. let it go and roll this thing. they push it down the hill and goes kind of in a bunny slope to the ski resort and they're kind of laughing in the background and buddies are laughing and cruises down the hill and down the path and embankment and goes right and the guys are spinning around and guys start running off it, and goes left. loom comes to a stop looks fine and back to the guy running toward it and things are horrifying and this guy tries to stop it, the ball goes past him and in this gully right here and it starts going down and down there is the abyss. that's the edge of the cliff. you're going to lose sight of it quickly, to the other part

the most horrifying of the video this thing fell off the side of the mountain. and look at this thing, down the side of the mountain, up and over the rocks, airborne. as it was going down, both men inside that thing fell out. they were flung out. one man had injuries so bad that he died. skiers actually went down there and they rescued them, pulled him up, but one's injuries were just too extensive and the other man remains hospitalized, a very, very simple toy that is used in a lot of resorts, simply went off the edge of the cliff, megyn and turned into a horrifying result. >> megyn: oh, my gosh, when you tell the story it's gripping and very awful. trace, thank you. >> reporter: okay. >> megyn: man, it's like, you know -- there's something to be said for excessive lawsuits because here in the united states, they tend to put people on the alert for any potential hazard and so things

like this get outlawed or build the gates and so on. so often you see that kind of thing that happen in foreign countries that don't have the plaintiffs bar that we have. you know, i'm not often speaking in favor of plaintiffs's bar, but help people get more cautious at resorts like that. let me know what you think about that. twitter, megyn kelly. and is america getting too big for its britches. charles krauthammer suggesting that president obama's second term, on that belief, that america ought to down size power. and lance armstrong striped of titles for doping, now going on oprah to tell her something. we're not sure what. could his appearance be his lawyer's worst nightmare? we report, you decide in kelly's court. also, federal investigators just arriving on the scene of a ferry crash in new york city

what authorities are saying now about the boat's crew ahead. >> the captain called out and screamed, call 911, get ambulances here and after that, people piled in. as you can see there's fpny here, and it was scary and i take this boat every day. [ loud party sounds ]

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>> an update now on one of our top stories.

an n.t.s.b. investigative team is now on the scene of a ferry crash in new york city. some 57 people, that number going up, were injured today, at least two critically. happened when the boat carrying hundreds of passengers from new jersey slammed into a dock. folks are saying on our air that alcohol tests on the crew turned out negative. no alcohol found and new york police commissioner ray kelly is talking with reporters rights now. as we learn more, we'll bring it to you. >> why does the president want to down size the pentagon, the defense department? why does he want to do that? >> because obama has this ideological vision of america as a super power, too big for its britches and it's a power that's thrown itself around the world. he talked about it in his initial tour of the world, and that it does not sort of have the moral standing to be the great power it was, leading

where it was, choosing where and when and he wants to cut it down to size. >> megyn: that was charles krauthammer making the argument to our own bill o'reilly, that president obama is forming his second term policy that america needs to down size its global presence or as he put it, mr. krauthammer, he thinks america, mr. obama does, is too big for its britches. and here is tucker carlson, a fox news contributor, and julie, and ray. what's the evidence of that? >> the evidence that the president sees the united states in world terms is everywhere you see it in the budget negotiations the reason the republicans are so thrown off. divided and disspirited. mostly they're confused in the negotiation, the question of well, we're spending more than we bring in, we're going to go bankrupt. the president sees the budget

and world in moral terms, income inequality is wrong, no emphasis on cutting government, government spending is always good. i think you see this on the foreign policy side, too. the president frames american involvement in the rest of the world, never in practical terms, but always in moral terms. that's a different wormld. i'm not attacking it, i'm saying it's completely different than what his opponents use as a guide in these debates. >> on the one hand charles krauthammer, i don't agree with, but respect, saying the president wants to cut the military and on the other hand tucker saying the president doesn't want to cut anything and grow government. >> on the domestic side, not on the-- >> on the domestic side. here is the problem. so if we're going to cut spending as tucker, i assume would advocate that charles krauthammer would advocate, if we're going to shrink government, why is the military not immune, why is it everybody in medicare has--

>> let me interject. where is the president seeking to shrink government other than the military? >> i think, first of all, let's not forget we've had lower government spending growth than any other president since i believe eisenhower, so, before we get on this whole high horse about how we've had explosive government spending, in fact the percentage of spending the growth has been slower since anytime since the 1950's, first and foremost, i dispute the notion and the premise there's some sort of-- >> go ahead, tucker. >> it's a fact. >> megyn: let him respond, tucker. >> go ahead. >> that's not a fact. >> and what is a fact? >> anybody i know who would look at the federal budget would agree with. as a matter of fact, we're consuming a larger, 2 percentage points higher of gdp than anytime consistently anytime in the last 60 years. look at the budget deficit. look at the debt which has more than doubled under the obama presidency. i'm not laying it all on his doorstep either i'm saying that government is consuming a

larger percent of the economy than-- >> let me interject. i don't want to get too far afield on the budget and i want to talk about mr. krauthammer's theory that mr. obama thinks we're too big for our britches and he likes some forms of government spending, most forms of government spending and he's right now we're heading toward massive defense cuts and krauthammer believes it's no accident, and no accidents he chose chuck hagel to be the next defense secretary in his world view he'll do the the dismantling that president obama wants to do, tucker? >> yeah, i mean, that's, look, it's impossible to know always the president's motivations in these things, but there's no question about the fact that defense as you pointed out a second ago, is the one area where the president seems willing or even eager to make difficulties. is that an accident? probably not. look, the single largest driver of the debt and the deficit is medicaid.

and medicare. and there's been no willingness on the part of this administration to even have real conversations about cutting that. whereas, they're eager to cut pentagon spending and you're going to see them try to effect that. >> megyn: you know, julie, when the president first took office, he took heat for what detractors called an apology tour and he went to the foreign countries and started to list what he perceived as flaws in america's behavior in the past and then to sort of try to account for them. and then you have him coming back and now you've got these massive defense cuts still on the table no one could agree on to try to solve those and that's staved off what we have to deal with. and people like charles are starting to believe that's his view, that he thinks america's, you know, it's done wrong and we need to withdraw, we need to step back from the world stage, get smaller, shrink the defense and i don't know, become more introverted. >> a couple of things i'll say and look, chuck hagel is not somebody i'm not necessarily thrilled about becoming our

next secretary of defense, not like i'm defending chuck hagel. obama campaigned twice on ending the wars in iraq and afghanistan and both times americans gave him over 50% of their vote. if charles is not happy about that i'm sorry, he's up front he's going to do before he became president and followed through, twice again, not just in 2008, but the past year. secondly, when it comes to america's power, the same people that are screaming about him wanting to not exercise american power were the same people screaming he went to libya and what's he doing in libya, why is he consulting and what's he doing? sometimes they may feel he overplays his hand on foreign policy. sometimes they think he doesn't play it enough. to me paraphrase something that charles krauthammer said about bush when he said bush-- and charles is it actually having the obama syndrome, whatever obama does charles is on the face of it and people like charles are going to be opposed to-- >> charles is a psychiatrist, so, he would be able to analyze your analysis.

>> he could probably analyze it a lot better than i could, analyze him. >> and tucker, he seemed to posit, charles did, we're seeing in his view who obama really is. that this second term president obama is going to be, you know, unhinged, that he's going to go far left because he doesn't have to run for reelection and because of the things that you just suggested, that you know he's got this world view nothing holding him back like a reelection battle from exercising it. >> i think that's demonstrably true. it's only two months and look at the panoply of issues the democrats are saying about the white house, and climate change is now on the list along with immigration, now, amnesty for people who are here illegally. gun control and of course, the budget debate. >> megyn: how about jobs? >> the president is pretty much-- well, that actually has not made the list as far as i can tell. but the president has basically no governor on his ambitions now. now historically second term presidents don't do well, they

overreach, imagine a mandate, and hubris gets in the way and wound up getting stung, but they're full-throated with their agenda. >> megyn: quickly julie. >> lets me say this, tucker and i spent election night here, and one of us happier than the other. and tucker, you'll see gun control where events overtook his agenda, there's nothing that you mentioned that he didn't campaign on. there's no secret agenda. >> he didn't campaign on climate change. >> sure he did. >> no he didn't. >> don't forget, climate change is something that he tried to do under lisa jackson the republican in the first term. republicans were not happen with it, the republicans killed it at the end of the day climate change is something that he's very much talking about during the the first administration. >> megyn: i've got to leave it that. >> you guys are yelling at-- >> i have to leave it at that and i have to give hats off to tucker to using the word panoply and hubris, too. and after lance armstrong last his titles and reputation over

a massive scandal over performance enhancing drugs he denied denied, and the world officials say he's a liar and a fraud and he was stripped of all of his honors. now, we hear the cyclist is about to go on oprah to tell his side of the story and there are reports now that we may be expecting a confession of sorts. how does that change things for him legally? that's next in kelly's court >> lance armstrong from cycling and usually i would strip him of his seven tour de france titles. lance armstrong has no place in cycling.

>> i don't have anything to worry about. i'm focused on the future. i've got five great kids. i've got a great lady in my life. i have a foundation that is unaffected by any noise out there. and people standing here,

people on the course, they've voiced their opinion in the last 48 hours. >> megyn: does he sound sorry? kelly's court is back in session. on the docket today. lance armstrong telling his story to oprah in what is being billed as a no-holds barred interview. you heard the cyclist during an interview back in august before he was stripped of his seven tour de france titles, and he was under investigation and the results looked likely at that point. the u.s. anti-doping agency made the decision in october after a lengthy and comprehensive investigation into allegations that the 41-year-old champion benefitted from years of systemic doping and a related coverup in what many of his former teammates called a wide-spread conspiracy to use and cover up the use of performance enhancing drugs. now, oprah winfrey's network is announcing at that armstrong will talk about the

doping scandal. the 90-minute interview the first since he lost all of his titles and banned from cycling for life. now, there's questions of after years of denying he did anything wrong, this televised interview will help his cause or could it instead turn out to be a legal nightmare for him? joining me now, arthur aidala, and jonna, same pedigree. if anybody is going to get him crying over his soup it's oprah winfrey and discussions with his associates that he's considering admitting he used blood transfusions during his career and she's going to sit down with him for 90 minutes, but say he's reportedly thinking about doing it, arthur, because he wants to restore his eligibility in some athletic events and

triathlons and problematic? >> usually people have come to my office after they're made the mistake and it's my job to fix it. here he hasn't made the big mistake yet. i just want to say, lance, shut up, bro, keep your mouth shut. you said when you lied to everyone about your doping, you've got five great kids, a beautiful wife at home. everything and anything he says can and will be used against him in a court of law, period, amen. the hearsay exception is a statement against penal interests, so, he's basically admitting to what could be considered a crime although because he hasn't testified, i don't believe federally, it's not-- >> but we have to talk about that jonna, why would it be a crime? if he said, all right, the years i said i wasn't doping, i really was. what crimes did he commit? >> that in and of itself would not be the crime. the crime would happen if he ever gave testimony under

oath. >> he did. >> then i think the feds could come after him. >> megyn: didn't he? >> he did in a civil suit. >> he sued f.d.a. promotions after the company withheld a bonus from him. you are not getting your bonus. and i didn't dope and anybody who says i did, is going to get sued. the case was settled for 7.5 million. he won and won big and now they want the 7.5 million back and plus additional moneys back and why couldn't they go into court and say he gave under oath testimony that he wasn't on drugs, he won a bunch of money from us, not only do we get our money back, but he committed perjury. >> they absolutely can. i don't know if a criminal agency is going to have an interest that he lied under oath in a civil action. they might and he could be wearing handcuffs. if he opens his mouth on oprah and even if he doesn't, he's going to open his checkbook,

there are several civil lawsuits down the pipe. if he confesses he might hand them over money, that's all the evidence they'll need. >> megyn: arthur, you represent a lot of celebrities, i mean, true celebrities and sports figures who found themselves in trouble and these guys in the unique situation, fighting not only a legal war, but a pr war. >> correct. >> megyn: if he has any hopes of making amends to the american people who believe, most of them, as the u.s. anti-doping agency concluded after the comprehensive investigation and after all of his teammates ratted him out, that he is a doper and has been lying to us. how can he ever make amends without confessing to it? >> he may not be able to and that's a decision, the way i would counsel him if he was a client, you have to look at the risk versus the reward. i don't know what's in his bank account. so, you accurately articulated, 7.5 million dollar lawsuit, they want 5 million dollars in legal fees, maybe lance armstrong is in a position where him stroking a check for 12 1/2 million bucks isn't going to change his

quality of life or standard of living and it may be worth it for it. where it would not be worth it, if he did what marion jones did, testified under oath to a federal agency, congress, the u.s. attorney's office, i didn't do it now he says he does it handcuffs. >> megyn: we're going to continue it after the break. don't go away. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is!

>> all right. arthur and jonna is back with me. i want to get back to the same point, jonna. you've also had celebrity clients. there's some benefit to him financially and otherwise if he comes out and says, i did it, and i -- i'll have to admit to you i did it and i have to explain to you why i lied all these years. >>, but there's an order to things. if lance armstrong is my client, i'm going to run on, counsel him not just because i'd love to be on oprah, but he first has to settle, he has

to settle the civil claims and needs to get assurance that he's not going to be prosecuted first. get that out of the way legally. >> megyn: what's the statute of limitation on perjury, do you know that off top of your head. >> statute of limitation. >> megyn: back in '04, it's been a while. >> i want to say six years. >> i want to say longer. >> megyn: he might be clear, might be. >> what about the need to resume sporting activities, arthur. because they say that the world anti-doping code does say an athlete can be eligible for reduced punishment if he confesses and detailed how he doped. they say he's been given a lifetime ban, but maybe it it could be decreased to eight years, maybe four years, if he comes out and does the mea culpa and cuts a check to the people for alleged perjury and continues competing? >> i'm going to give lance the benefit of the doubt. because let's say he has accomplished a lot in the world with cancer and raising money and he's got, i'm sure, top, top people around him.

i would like to think they have sat around the table and they have measured this. the risk versus the rewards. and maybe there are already settlement negotiations going on and presumably he does have the money and the financial resources to do, to settle these matters and then go on and compete because if he doesn't, this is insane. if he's risk of criminal prosecution, this is insane. i mean, i know we only come into this world and leave this world with one thing, our reputation, i tell that to every law school class of lecture, but at what cost? he does have five children, he does have a wife or a significant other. s' going to go bankrupt so he can admit that he doped so he can go on to the triathlon. >> right now we're left with the image of him sitting on the couch and admiring his little jerseys, looking at him, how greedy he is and yet officials tell us it was all a fraud and there's a question whethers' got any sort of a future professionally. >> jonna, she's so right

sometimes you've got to tackle your client and shut their mouth. >> megyn: i've got to leave it at that. thank you, panel, i'll be right back.

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